Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
GURMEET SINGH SANDHAWALIA, CJ, RANJAN SHARMA
Sadh Ram [Deceased] through LRs. Shri Ram Dayal – Appellant
Versus
Darshan Singh – Respondent
JUDGMENT :
G.S. Sandhawalia, CJ.
1. The present appeal is directed against the order dated 18.12.2024, passed in CMP (M) No.653 of 2024, wherein an application filed by the plaintiff for condoning delay of 34 days in filing review application was allowed by the learned Single Judge.
2. It is not disputed that the main Civil Review Application is still to be decided by learned Single Judge.
3. The office has also put an objection againstthe maintainability of the present Letters Patent Appeal against the order passed by learned Single Judge. Learned counsel for the appellant vehemently submitted that there are some observations made by learned Single Judge against the conduct as such of the LRs of the deceased defendant and the present appellant that they had not informed the Court about the death of the defendant. In such circumstances he sought to argue the present appeal on the ground that the said observations would adversely affect his case, when the review application is to be decided.
4. We are firstly of the considered view that the present appeal itself is not maintainable in view of the law laid down by the Hon’ble Apex Court in Midnapore Peoples’ Co-op. Bank Ltd. & Ors. V. Chu
An appeal against an interlocutory order is not maintainable if it does not decide the main issue in controversy, as established by the classification of interim orders.
The Court emphasized the importance of natural justice, asserting that a party must be afforded a hearing before any decisions that impact their rights are made, especially in the context of ex-parte....
The sufficiency of the cause for condoning delay is paramount, and a liberal interpretation of 'sufficient cause' is justified when no mala fides are present, despite the length of the delay.
A delay in filing a review application is not condoned without a sufficient and bona fide reason, especially when negligence or inaction is evident.
The main legal point established in the judgment is the requirement for a liberal, pragmatic, justice-oriented approach in dealing with applications for condonation of delay, while also emphasizing t....
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
Delay in filing a petition cannot be condoned without plausible justification, regardless of the party's status, emphasizing adherence to the law of limitation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
